Order of United Commercial Travelers of America, Inc. v. Edwards

McDERMOTT, Circuit Judge.

The appellee recovered on an accident insurance policy. The appellant assigns as error that the court should have directed a verdict for appellant, and that there was error in the charge to the jury. The controversy narrows to one proposition, for if the theory upon which the trial court declined to direct a verdict is sound, then the charge to the jury is sound. We take up the question of whether the court should have directed a verdict for the appellant.

There is little dispute as to the facts. The testimony of the plaintiff’s witnesses was that on June 9, 1927, the…